Section 2 DeterminingDelinquencyStatus

• Library: Juvenile Law 2011

A juvenile adjudicated in accordance with § 211.031.1(3), RSMo
Supp. 2010, is classified “delinquent”; therefore, the dispositional alternatives available under § 211.181.3, RSMo Supp. 2010, apply. But it is essential to note that these juveniles may, by way of negotiation between the parties or findings of the court, be adjudicated under § 211.031.1(2), the jurisdictional ground relating to nondelinquent conduct (“status offense” allegations) or, occasionally, under § 211.031.1(1), the “abuse or neglect” or protective custody provision. But the Western District held in T.S.G. v. Juvenile Officer, 322 S.W.3d 145 (Mo. App. W.D. 2010), that it was error and violated the juvenile’s rights under the...